Public Sector Superannuation Reform Regulations 2017
182Entitlement to death or permanent incapacity benefit
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182 Entitlement to death or permanent incapacity benefit
(1) If a member who is an employee –
(a) dies before the normal retirement date, or ceases to be an employee before the normal retirement date as a result of permanent incapacity; and
(b) at the date of death or permanent incapacity, has not been refused any cover for death and permanent incapacity benefits or is a member to whom no restriction or limitation applies to the amount of such cover –
the Commission must pay in respect of the member an amount equal to the greater of –
(c) 5 times the member’s salary; or
(d) the amount that would have been payable under regulation 180 in respect of the member if the member had, on the date of the member’s death or permanent incapacity, retired, with the consent of the State Fire Commission, because of ill health.
(2) If a member who is an employee –
(a) dies before the normal retirement date, or ceases to be an employee before the normal retirement date as a result of permanent incapacity; and
(b) at the date of death or permanent incapacity, has been refused any cover for death and permanent incapacity benefits or is a member in respect of whom a restriction or limitation applies to the amount of such cover –
the Commission must pay in respect of the member an amount equal to the sum of –
(c) the amount that would have been payable in respect of the member under regulation 180 if the member had, on the date of the member’s death or permanent incapacity, retired, with the consent of the State Fire Commission, because of ill health; and
(d) any amount of cover credited to the SFCS Scheme in respect of the member in accordance with the applicable insurance cover –
except that the amount must not exceed the amount of 5 times the member’s salary.
(3) If a member dies while in the employment of the State Fire Commission on or after the normal retirement date, the Commission must pay in respect of that member an amount equal to that which would have been payable under regulation 179 if the member had retired on the date of his or her death.